CLA-2-63:RR:NC:TP:349 A85997

Mr. Tom Voss
A.W. Fenton
1452 Donaldson Road
Erlanger, KY 41018

RE: The tariff classification of a cylindrical textile pad from China.

Dear Mr. So:

In your letter dated July 24, 1996 you requested a classification ruling on behalf of Yue Wing Cheng Manufactory, Ltd.

The submitted sample is a cylindrical textile pad. The outer shell will be made in either 100 percent cotton woven fabric or 65 percent polyester and 35 percent cotton woven textile fabric. It contains a filler and some quilt stitching. This pad measures approximately 3 inches in height and 7 inches in diameter. This item is intended to be used in conjunction with a hot serving bowl allowing for handling and placement of it onto a table or countertop. The applicable subheading for the pad made of cotton will be 6304.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of cotton. The duty rate will be 7 percent ad valorem.

The applicable subheading for the pad made from a woven blend of 65 percent polyester and 35 percent cotton will be 6304.93.0000, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 10.3 percent ad valorem.

The cotton pad falls within textile category designation 369. The other pad falls within textile category designation 666. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 212-466-5854.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division